In re O'Brien
Appellate Division of the Supreme Court of the State of New York
Appeal by Frank E. Clarke from an order of the Supreme Court, made at the Westchester Special Term and' entered in the office of the clerk of the county of Westchester on the 13th day of November, 1917, declaring erroneous the count of a majority of the primary votes of the Republican party for appellant as a member of the county committee, and adjudging that Edward A. O’Brien received at said primary election fifty votes as against appellant’s vote of forty-six and…
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Appeal by Frank E. Clarke from an order of the Supreme Court, made at the Westchester Special Term and' entered in the office of the clerk of the county of Westchester on the 13th day of November, 1917, declaring erroneous the count of a majority of the primary votes of the Republican party for appellant as a member of the county committee, and adjudging that Edward A. O’Brien received at said primary election fifty votes as against appellant’s vote of forty-six and directing the custodian of such primary records forthwith to certify to the election of said O’Brien as member of the county…
1Per curiam
On examination of the ballots in dispute, we reach these conclusions: We think ballot No. 5, “ O’Brien the Taxi
*854man,” was void for its distinguishing mark. Ballots 6, 7 and 8 should be counted, even if the written name was below the fine horizontal fine, as the name was “ under the title of the proper office or party position.” (Election Law [Consol. Laws, chap. 17; Laws of 1909, chap. 22], § 82, added by Laws of 1911, chap. 891, as amd. by Laws of 1916, chap. 537.) Ballot 10, however, is invalid, for the words written, “ for county committee.” The inspectors properly rejected ballots 11, 12…
2Cases cited2 opinions
- People Brown v. . the Bd. of Supervisors of Suffolk Cty.New York Court of Appeals · 1915
- People ex rel. Brown v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by8 opinions
- Haskell v. HannahNew York Supreme Court · 1946
- Carpinello v. TutunjianAppellate Division of the Supreme Court of the State of New York · 1989
- In re Slater, New York County Courts1943
- People ex rel. Simons v. KnickerbockerAppellate Division of the Supreme Court of the State of New York · 1929
- Mischler v. DravinskiNew York Supreme Court · 1951
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